TERMS AND CONDITIONS OF THE ONLINE STORE
WWW.REDINI.APP
§ 1
GENERAL PROVISIONS
1. The online store www.redini.app operates under the terms of these Terms and Conditions.
2. The Regulations set out the Terms and Conditions for the conclusion and termination of Contracts for the provision of Digital Content or Digital Services, the complaint procedure, as well as the types and scope of services provided electronically by the Store www.redini.app, the rules for the provision of these services, the terms and conditions for the conclusion and termination of contracts for the provision of services electronically.
3. Each User, from the moment they start using the Electronic Services of www.redini.app, must comply with these Terms and Conditions.In matters not covered by these Regulations, the regulations shall apply:
3.1. Law on Consumer Rights of May 30, 2014,
3.2. Law on the Provision of Electronic Services of July 18, 2002,
3.3. Law on extrajudicial resolution of consumer disputes of September 23, 2016,
3.4. Civil Code Act of April 23, 1964
3.5. and other provisions of Polish law.
§ 2
DEFINITIONS CONTAINED IN THE REGULATIONS
1. TERMS AND CONDITIONS - these Terms and Conditions of the Store.
2. SHOP - Service Provider's online store operating at www.redini.app
3. ELECTRONIC SERVICE - a service provided electronically by the Service Provider to the Customer through the Store.
4. REGISTRATION FORM - a form available on the website www.redini.app that allows you to create an Account.
5. ACCOUNT - a set of resources in the Service Provider's ICT system, marked with an individual name (login) and password, in which the Customer's data is collected, including information about the Orders placed.
6. ORDER FORM - a form available on the website www.redini.app that allows you to place an Order for a Subscription.
7. SELLER, SERVICE PROVIDER - Dawid Ireneusz Martenczuk conducting business activity under the name H0PE.CLOUD DAWID MARTENCZUK entered in the Central Register and Information on Business Activity of the Republic of Poland kept by the minister competent for economy, place of business and address for delivery: ul. Żurawia 64, 11-036 Naglady, VAT ID: PL7393926062, REGON: 382989590, electronic mail address (e-mail): kontakt@redini.app, telephone number: +48 585 008 438.
8. USER - a natural person, a legal person or an organizational unit without legal personality, which is granted legal capacity by law, using the Electronic Service.
9. CUSTOMER - a Customer who intends to enter into or has entered into an Agreement for the provision of Digital Content or Digital Services with the Seller.
10. APPLICATION - the redini.app web application, which is a Digital Service that can be accessed by a Customer who has placed a Subscription Order.
11. CONSUMER - a natural person who makes a legal transaction with an entrepreneur that is not directly related to his/her business or professional activity.
12. ENTERPRISE - a natural person, a legal person and an organizational unit that is not a legal person, to which the law grants legal capacity, conducting business or professional activity on its own behalf.
13. DIGITAL CONTENT - data produced and delivered by the Seller in digital form, which is the subject of the Digital Content Delivery Agreement.
14. DIGITAL SERVICE - a service that allows the Customer to produce, process, store or access digital data, share digital data that has been uploaded or produced by the Customer or other users of this service, and other forms of interaction through digital data. The Digital Service available in the Store is access (in a subscription model) to a SaaS-based web application - redini.app, through which the Customer has the ability to run a booking system for his stable, as well as promote the services he provides.
15.SUBSCRIPTION - a paid Electronic Service presented in the Store, which is a Digital Service, allowing the Customer to use the Web Application www.redini.app for one Settlement Period. It is also possible to purchase access for 12 months in advance.
16.BILLING PERIOD - the length of time for which the Subscription has been purchased by the Customer, calculated by months. The day on which a new Billing Period begins is considered to be the day following the end of the previous Billing Period. The Service Provider provides a Settlement Period of 1 month, which is subject to automatic extension for subsequent Settlement Periods in the absence of cancellation by the Client. Available Settlement Periods may change (lengthen or shorten) as a result of promotional campaigns organized by the Service Provider. The first Settlement Period (Trial Period) after conclusion of the Subscription Provision Agreement is free of charge. Each User may take advantage of the free Trial Period only once.
17. SUBSCRIPTION AGREEMENT - an agreement concluded between the Customer and the Seller through the Store, the subject of which is Digital Service (Subscription).
18. ORDER - the Customer's statement of intent constituting an offer to conclude an Agreement for the delivery of a Subscription.
19. PRICE - the value expressed in monetary units that the Customer is obliged to pay to the Seller for the Subscription.
20. DIGITAL ENVIRONMENT - the computer hardware, software and network connections used by the Customer to access or use the Digital Content or Digital Service.
21. COMPATIBILITY - the interoperability of Digital Content or Digital Service with computer hardware or software that is normally used to use Digital Content of the same type, without the need to transform them.
22. FUNCTIONALITY - the ability of the Digital Content or Digital Service to perform its functions given its intended use.
23. INTEGRATION - combining Digital Content or Digital Service with elements of the Customer's Digital Environment and incorporating it into such elements to ensure compliance with the Digital Content or Digital Service Delivery Agreement.
24. INTEROPERABILITY - the ability of Digital Content or Digital Service to interact with computer hardware or software other than those normally used to use Digital Content or Digital Service of the same type.
§ 3
INFORMATION ON SERVICES, DIGITAL CONTENT AND DIGITAL SERVICES AND THEIR ORDERING
1. The www.redini.app store sells Subscriptions for access to the Redini.app, via the Internet
2. The Digital Content and Digital Services offered in the Store are Functional, Compatible and Interoperable with equipment that meets the technical requirements indicated on the Store website and/or these Terms and Conditions.
3. The information on the Store's website does not constitute an offer within the meaning of the law. The Customer, by placing an Order, makes an offer to purchase a specific Digital Content or Digital Service under the conditions stated in their description.
4. The Subscription Price shown on the Store's website is given in Polish zloty (PLN) or Euro (EUR) and includes all components.
5. The Subscription Price shown on the Store's website is binding at the time the Customer places an Order. This price will not change regardless of any changes in the Store Prices that may occur for individual Subscription models after the Customer has placed an Order. The Price may change only as to subsequent Billing Periods.
6. The Vendor shall clearly inform Customers about Unit Prices, promotions, and Subscription Price reductions. In addition to the information about the reduction, the Seller shall make visible the lowest Subscription Price that was in effect during the 30-day period prior to the introduction of the reduction, and if the Subscription is offered for sale for less than 30 days - the Seller shall make visible its lowest Price that was in effect during the period from the date of commencement of offering the Subscription for sale until the date of introduction of the reduction.
7. Orders can be placed through the website using the Order Form (Shop www.redini.app) - 24 hours a day, all year round.
8. In order to place an Order, the Customer is not required to register an Account with the Store.
9. The condition for placing an Order in the Store by the Customer is to read the Terms and Conditions and accept their provisions at the time of placing the Order.
10. Digital Content or Digital Services available in the Store are intended solely for the Customer's own use and may not be used for other purposes in particular of an advisory or informational nature for other persons.
11. The technical requirements of the Digital Content or Digital Service are provided by the Seller in their description on the Store's website.
12. If the Digital Content or Digital Service in question is subject to updates, the Seller shall inform the Customer of the updates and the consequences of not installing them:
12.1. in the case of delivery of Digital Content or Digital Service on a continuous basis - for the entire duration of the Digital Content or Digital Service Delivery Agreement
12.2. in the case of delivery of Digital Content or Digital Service on a one-time basis or in parts - for the period of time reasonably expected by the Customer, taking into account the purpose of use of the Digital Content or Digital Service and the circumstances and nature of the Digital Content or Digital Service Delivery Agreement.
13. The Customer must install updates provided by the Vendor within a reasonable timeframe. The Customer's failure to install the updates in accordance with the instructions provided by the Vendor and after informing the Customer of the consequences of not installing the updates, shall exclude the Vendor's liability for the Digital Content or Digital Service's non-compliance with the Agreement.
§ 4
CONCLUSION OF A CONTRACT FOR THE PROVISION OF DIGITAL CONTENT OR DIGITAL SERVICE
1. In order to conclude an Agreement for the delivery of a Subscription, it is necessary for the Customer to place an Order in advance by means made available by the Seller, in accordance with § 3 points 7 and 9 of the Regulations.
2. Once the Order is placed, the Seller immediately confirms its receipt.
3. Confirmation of receipt of the Order, referred to in Section 2 of this paragraph, binds the Customer to its Order. Confirmation of receipt of the Order is made by sending an e-mail message.
4. Confirmation of receipt of the Order includes:
4.1. Confirmation of all essential elements of the Order,
4.2. withdrawal form,
4.3. these Terms and Conditions, including instructions on the right to withdraw from the contract.
4.4. confirmation of the Seller about the loss of the right of the Consumer or the entity referred to in § 10 of the Terms and Conditions to withdraw from the contract for the provision of Digital Content or Digital Services, in which the subject is Digital Content or Digital Service not delivered on a tangible medium.
5. As soon as the Customer receives the e-mail message referred to in Section 4 of this paragraph, the Subscription Delivery Agreement between the Customer and the Seller is concluded.
6. Each Subscription Delivery Agreement will be confirmed by a proof of purchase (invoice), which will be sent by email to the Customer's email address provided in the Order Form.
§ 5
METHODS OF PAYMENT
1. The seller provides payment via traditional transfer and electronic payment system (Stripe),
2. If paying via an electronic payment system, the Customer must complete the payment before the Order is processed. The electronic payment system allows you to pay by credit card or quick transfer from selected Polish banks.
3. The Customer is obliged to pay the Price of the Subscription Delivery Agreement within 10 minutes of placing the Order, if the payment is made via an electronic payment system. In the case of payment by traditional transfer, the Customer is obliged to pay the Price within 3 business days from the conclusion of the Agreement.
4. In the case of payment by traditional bank transfer, the payment should be made to the bank account number: PL76 1140 2004 0000 3502 7864 5897 (Bank mBank S.A.) H0PE.CLOUD DAWID MARTENCZUK, Żurawia Street 64, 11-036 Naglady, NIP: 7393926062. In the title of the transfer, please write "Order No. ...".
5. Subscriptions will be delivered only after they have been paid for, except for a free trial period lasting for the first Billing Period after the Subscription Delivery Agreement.
6. At the end of the ongoing Billing Period, if the Subscription is not canceled, it is renewed for the next Billing Period. Subscription purchased for a period of 12 months can be automatically renewed.
§ 6
SUBSCRIPTION
1. The Subscription shall be delivered after the expiration of the deadline for withdrawal from the Agreement for the Provision of Digital Content or Digital Services, unless the Customer has previously expressly consented to the delivery of the Subscription before the expiration of this deadline.
2. Subject to paragraph 1, delivery of the Subscription shall be delivered via the www.redini.app web application within 24 hours after the transaction has been successfully authorized, excluding the Trial Period. The Seller shall provide the Customer with instructions on the use of the redini.app web application in an understandable manner.
3. Detailed descriptions of the functionalities of the Digital Service - redini.app web application, as well as details about the elements included in it, can be found on the Store's website.
4. The Vendor shall provide the Digital Service to the Customer in the latest available version.
5. Trial Period.
a. The Service Provider provides Customers with the opportunity to test the service of accessing the Subscription, by taking advantage of a 1-month Trial Period,
b. During the Trial Period, the Customer may use all functionalities of the redini.app Website,
c. if the Customer does not cancel the Subscription before the expiration of the Trial Period, his/her account will be charged for the next Billing Period,
d. The customer has the opportunity to use the Trial Period only once.
§ 7
ADVERTISEMENT
1. The basis and scope of the Vendor's liability to the Customer who is a Consumer or an entity referred to in § 10 of the Terms and Conditions for non-compliance of the Digital Content or Digital Service (Subscription) with the contract are set forth in the Law on Consumer Rights of May 30, 2014.
2. The basis and scope of the Seller's liability to the Customer who is an Entrepreneur, referred to in § 9, under the warranty are set forth in the Civil Code Act of April 23, 1964.
3. The Vendor shall be liable to the Customer who is a Consumer or an entity referred to in § 10 of the Terms and Conditions for non-compliance of the Digital Content or Digital Service with the Agreement:
3.1. where Digital Content or Digital Service is provided to the Customer on a continuous basis - for the entire term of the Agreement,
3.2. in case the Digital Content or Digital Service is delivered on a one-time basis or in parts - the Seller shall be liable for non-conformity with the contract existing at the time of delivery of the Digital Content or Digital Service and disclosed within 2 years thereafter.
4. The Customer shall cooperate with the Vendor to determine whether the lack of compliance of the Digital Content or Digital Service with the Agreement is due to the characteristics of the Customer's Digital Environment.
5. Notification of the non-conformity of the Service, Digital Content or Digital Service with the contract and submission of the corresponding request can be made by e-mail to: complaints@redini.app.
6. In the above electronic message, please provide as much information and circumstances as possible about the subject of the complaint, in particular the type and date of the irregularity and contact information. The information provided will greatly facilitate and expedite the processing of the complaint by the Seller.
7. The Seller will respond to the Customer's request immediately, but no later than within 14 days of the complaint.
8. In the case of a complaint from a Customer who is a Consumer or an entity referred to in § 10 of the Regulations - failure to consider the complaint within 14 days of its submission is tantamount to its acceptance.
9. The Customer may first demand that the Digital Content or Digital Service be brought into conformity with the Agreement. Price reduction and withdrawal from the Agreement may be requested by the Customer only in the cases specified in the Consumer Rights Act of May 30, 2014.
10. In connection with a legitimate complaint from a Customer who is a Consumer or an entity referred to in § 10 of the Regulations, the Seller accordingly:
10.1. shall bring the Digital Content or Digital Service into compliance with the Agreement at its expense,
10.2. shall reduce to the Consumer or entity referred to in § 10 the value of the reduced Price no later than 14 days after receipt of the authorized statement of such Consumer or entity referred to in § 10 about the price reduction,
10.3. shall return the price of the Digital Service or Digital Content no later than 14 days from the date of receipt of the cancellation notice.
11. The response to the complaint is provided on paper or other durable medium, such as an email or SMS message.
12. The Seller shall not be entitled to claim payment for the time during which the Digital Content or Digital Service was not in compliance with the Contract, even if the Customer actually used it before cancelling the Contract.
13. The Seller shall be obliged to refund the Price only in the part corresponding to the Digital Content or Digital Service that does not comply with the contract and the Digital Content or Digital Service, the obligation to provide which has fallen off due to withdrawal from the contract.
§ 8
RIGHT OF WITHDRAWAL AND CANCELLATION OF SUBSCRIPTION
1. Subject to point 4 of this paragraph, a Customer who is also a Consumer or an entity referred to in § 10 of the Regulations, who has concluded a contract remotely, may withdraw from it without giving reasons, making a statement to that effect within 14 days.
2. In the event of withdrawal from the contract, the contract is considered not concluded.
3. The fourteen-day period within which the Consumer or the entity referred to in § 10 of the Regulations may withdraw from the contract counts:
3.1. for the contract in the performance of which the Seller issues the goods being obliged to transfer their ownership - from the date on which the Consumer or the entity referred to in § 10 of the Terms and Conditions (or a third party other than the carrier designated by them) took possession of the product,
3.2. for a contract that includes multiple goods that are delivered separately, in batches or in parts - from taking possession of the last good, its batch or part,
3.3. for a contract involving the regular delivery of goods for a fixed period - from taking possession of the first of the goods,
3.4. For other contracts - from the date of the agreement.
4. The right of withdrawal from a contract concluded at a distance does not apply to the Consumer or the entity referred to in § 10 of the Regulations, in the case of a Contract:
4.1. for the provision of services for which the Consumer is obliged to pay the price, if the Seller has fully performed the service with the express and prior consent of the Consumer, who was informed before the start of the service, that after the performance by the Seller will lose the right to withdraw from the contract, and has accepted this,
4.2. on the supply of Digital Content not delivered on a tangible medium, for which the Consumer is obliged to pay the price, if the Seller has begun performance with the express and prior consent of the Consumer, who has been informed before the start of performance that after the Seller's performance will lose the right to withdraw from the contract, and has acknowledged this, and the Seller has provided the consumer with confirmation.
5. The right of withdrawal from the Contract is vested in both the Seller and the Customer, in case of failure of the other party to the contract to perform its obligation within a strictly defined period.
6. After withdrawal from the contract by the Customer, the Seller may not use content other than personal data provided or created by the Customer in the course of using the Digital Content or the Digital Service, except for content that:
a) are useful only in connection with the Digital Content or Digital Service that was the subject of the contract,
b) relate only to the Customer's activity during the use of the Digital Content or Digital Service, which was the subject of the contract,
c) have been linked by the Seller with other data and cannot be disconnected without undue difficulty,
d) were produced by the Customer jointly with other Customers, who can still use them.
7. Except for the cases referred to in Section 6 of this paragraph, the Seller shall, at the request of the Customer, make available to the Customer content other than personal data provided or generated by the Customer during use of the Digital Content or Digital Service provided by the Seller, free of charge, within a reasonable time and in a commonly used machine-readable format.
8. In case of withdrawal from the contract, the seller may prevent the customer from further use of the Digital Content or Digital Service, in particular by blocking the User Account.
9. If the Vendor has provided the Digital Content to the Customer on a tangible medium, the Vendor may require the Customer to return this tangible medium within 14 days of receipt of the Customer's statement of withdrawal from the Contract. The Customer shall return the medium immediately and at the expense of the Seller.
10. Renewal and Cancellation of Subscriptions.
10.1. The Subscription is automatically renewed - in order to cancel the Subscription, the Customer can make the appropriate instruction through his/her account in the redini.app.
10.2. At the end of the ongoing Billing Period, the Customer who cancelled the Subscription will lose access to the redini.app web application.
10.3. In case of cancellation of the Subscription, the fee for the next Billing Period will not be charged.
10.4. The User has the option to cancel the Subscription at any time by sending the appropriate information to the Service Recipient via e-mail to: contact@redini.app. Cancellation of the Subscription shall terminate the Subscription.
§ 9
PROVISIONS FOR ENTREPRENEURS (B2B)
1. This paragraph contains provisions that apply only to entrepreneurs who are not covered by the protection of the Consumer Rights Act, as referred to in § 10 of the Regulations.
2. The Seller has the right to withdraw from the Contract concluded with the non-Consumer Customer within 14 working days from the date of its conclusion. Withdrawal from the Contract in this case may take place without giving any reason and does not give rise to any claims on the part of the Customer who is not a Consumer against the Seller.
3. The Seller shall have the right to limit, with respect to Customers who are not Consumers, the payment methods made available by it, including requiring prepayment of part or all of the price regardless of the payment method chosen by the Customer and the fact of concluding the Contract.
4. The Service Provider may terminate the contract for the provision of Electronic Services with immediate effect and without indicating reasons by sending the Service Recipient who is not a Consumer a notice of termination.
§ 10
PROVISIONS FOR ENTREPRENEURS ON THE RIGHTS OF CONSUMERS
1. A sole proprietor (this paragraph does not apply to commercial companies) is entitled to protection under the Consumer Rights Act, provided that the contract he enters into with the Seller is directly related to his business, but from the content of the contract it is clear that it is not of a professional nature for him, arising in particular from the subject of his business activity.
2. The business person referred to in paragraph 1 of this section is covered only to the extent:
2.1. prohibited contractual provisions - so-called abusive clauses,
2.2. Liability for non-compliance of the Service with the contract,
2.3. The right to withdraw from a contract concluded at a distance,
2.4. rules regarding the contract for the provision of Digital Content or Digital Service.
3. The entrepreneur referred to in item 1 of this paragraph loses his rights under consumer protection if the Agreement he has concluded with the Seller has a professional character, which is verified at on the basis of the entry of this entrepreneur in the Central Register and Information on Business Activity of the Republic of Poland, in particular the codes of the Polish Classification of Business Activity indicated there.
4. Entrepreneurs referred to in paragraph 1 of this section are not covered by the institutional protection provided for Consumers by county consumer ombudsmen as well as the President of the OCCP.
§ 11
TYPE AND SCOPE OF ELECTRONIC SERVICES
1. The Service Provider allows through the Store to use Electronic Services such as:
1.1. Entering into Subscription Delivery Agreements,
1.2. maintaining an Account in the Store.
2. Provision of Electronic Services to Service Recipients in the Store is carried out under the terms and conditions set forth in the Regulations.
3. The Service Provider has the right to post advertising content on the Store's website. This content, is an integral part of the Store and the materials presented therein.
§ 12
TERMS AND CONDITIONS FOR THE PROVISION AND CONCLUSION OF CONTRACTS FOR THE PROVISION OF ELECTRONIC SERVICES
1. Provision of Electronic Services specified in § 12 points 1.1 to 1.2 of the Regulations by the Service Provider is free of charge.
2. The period for which the contract is concluded:
2.1. The contract for the provision of Electronic Services consisting of enabling the submission of a Subscription Order in the Store is concluded for an indefinite period of time,
2.2. Agreement for the provision of Electronic Services consisting of maintaining an Account in the Store is concluded for an indefinite period of time. The agreement is concluded when the Customer sends the completed Registration Form.
3. Technical requirements necessary for cooperation with the information and communication system used by the Service Provider:
3.1. A computer (or mobile device) with Internet access,
3.2. email access,
3.3. web browser,
3.4. Enabling Cookies and Javascript in your web browser.
4. The Customer is obliged to use the Store in a manner consistent with the law and good morals with a view to respecting the personal rights and intellectual property rights of third parties.
5. The recipient is obliged to enter data in accordance with the facts.
6. The User is prohibited from submitting unlawful content.
§ 13
COMPLAINTS RELATED TO THE PROVISION OF ELECTRONIC SERVICES
1. Complaints related to the provision of Electronic Services through the Store, the Customer may submit via e-mail to the address: complaints@redini.app.
2. In the above e-mail message, please provide as much information and circumstances as possible about the subject of the complaint, in particular the type and date of the irregularity and contact information. The information provided will greatly facilitate and expedite the processing of the complaint by the Service Provider.
3. Processing of complaints by the Service Provider shall be carried out immediately, no later than within 14 days from the date of notification.
4. The Service Provider's response to the complaint shall be sent to the Customer's e-mail address provided in the complaint application or in any other manner provided by the Service Provider.
§ 14
TERMS AND CONDITIONS OF TERMINATION OF CONTRACTS FOR THE PROVISION OF ELECTRONIC SERVICES
1. Termination of the contract for the provision of Electronic Services:
1.1. The contract for the provision of Electronic Services of a continuous and indefinite nature (maintaining an Account, Subscription) may be terminated,
1.2. The Service Recipient may terminate the contract with immediate effect and without indicating reasons by sending an appropriate statement via e-mail to: complaints@redini.app.
1.3. The Service Provider may terminate the contract for the provision of Electronic Services of a continuous and perpetual nature in the event that the Customer violates the Terms and Conditions, in particular when he provides content of an unlawful nature after an ineffective prior request to cease violations with the setting of an appropriate period of time. The Agreement in such a case expires after 7 days from the date of submission of a statement of intent to terminate the Agreement (notice period),
1.4. termination leads to the termination of the legal relationship with future effect.
2. The Service Provider and the Customer may terminate the contract for the provision of Electronic Services at any time by mutual agreement.
§ 15
INTELLECTUAL PROPERTY
1. All content posted on the website at www.redini.app is protected by copyright and (subject to § 15.3) is the property of Dawid Ireneusz Martenczuk doing business under the name H0PE.CLOUD DAWID MARTENCZUK registered in the Central Register of Entrepreneurship and Information on Business Activities of the Republic of Poland, maintained by the Minister responsible for economic affairs, place of business and address for delivery: ul. Żurawia 64, 11-036 Naglady, NIP: 7393926062, REGON: 382989590, electronic mail address (e-mail): kontakt@redini.app, The Customer bears full responsibility for any damage caused to the Service Provider, resulting from the use of any content of www.redini.app without the consent of the Service Provider.
2. Any use by anyone, without the express written consent of the Service Provider, of any of the elements comprising the content and contents of www.redini.app constitutes an infringement of the Service Provider's copyright and will result in civil and criminal liability.
3. All trade names, company names and their logos used on the Store's website at www.redini.app belong to their respective owners and are used for identification purposes only. They may be registered trademarks. All materials, descriptions, and images presented on the Store's website www.redini.app are for informational purposes only and do not constitute an offer.
§ 16
RESPONSIBILITY
1. The Service Provider will make every effort to ensure that the data available in the Store is complete and up-to-date and presented with due diligence, taking into account the existing factual and legal circumstances, within the limits allowed by law.
2. The Service Provider shall comply with all obligations required by Regulation (EU) 2022/2065 of the European Parliament and of the Council of 19 October 2022 on the Single Market for Digital Services and amending Directive 2000/31/EC (Digital Services Act) and shall designate a point of contact within the meaning of the Digital Services Act (DSA) at the place of its registered office referred to in § 2 of these Regulations.
3. It is unacceptable to post illegal content through the Store (through comments, opinions, etc.), as well as content:
a. Unrelated to the subject matter of the Store,
b. unjustifiably violating the good name of the Service Provider,
c. containing words commonly considered to be uncensored,
d. promoting activities that compete with the Service Provider.
4. In the case of publication of content referred to in paragraph 3, the Service Provider has the ability to moderate it (refuse to publish content, deposit content, remove content, prevent access to content, limit or disable monetization of content, suspend or terminate the user's account, suspend or terminate the service to the user).
5. In the case of automatic moderation of content published by Service Recipients through the algorithm, Service Recipients do not lose the right to appeal the Service Provider's decision. An appeal can be made via e-mail address: naruszenia@redini.app. When appealing, it is necessary to briefly describe the facts that occurred and justify the reasons for the appeal. The Service Provider will consider the appeal in the manner indicated by the provisions of the Digital Services Act within 14 days.
6. A Customer who finds a violation of the rules described in this paragraph has the opportunity to report prohibited content published in the Store via e-mail address: abuse@redini.app.
7. The notification referred to in paragraph 6 must include the following elements
a. sufficiently substantiated explanation of the reasons why the Service Recipient alleges that the relevant information constitutes illegal content;
b. clear indication by the Service Recipient of the exact electronic location of the information, such as the exact URL(s) and, if applicable, additional information to identify illegal content, according to the type of content and the specific type of hosting service;
c. The name and surname or name and e-mail address of the Service Recipient making the report, with the exception of a report concerning information deemed to be related to one of the offenses referred to in Articles 3-7 of Directive 2011/93/EU;
d. a statement confirming the bona fide belief of the Service Recipient making the notification that the information and allegations contained therein are correct and complete.
8. The Service Provider will acknowledge receipt of the application referred to in paragraph 6 of this clause and inform of its positive or negative consideration without undue delay.
9. If the notification referred to in Section 6 is considered legitimate, the Service Recipient shall, if possible, inform the Service Recipient responsible for the violation of the fact that the content published by him has been moderated, along with the required justification.
10.In the event that the Service Provider acquires any information giving rise to a suspicion that a crime has been committed, is being committed or may be committed that threatens the life or safety of a person or persons, it shall immediately inform law enforcement or judicial authorities of its suspicion, together with the reasons for its suspicions and the transmission of information known to it.
11.The Service Provider shall inform Service Recipients of significant changes to the Terms and Conditions.
12.Service Recipients are fully responsible for any violation of the law or damage caused by their actions in the Store, in particular, providing false data, disclosure of classified information or other legally protected secrets, violation of personal rights or copyright and related rights, as well as processing of personal data of Service Recipients contrary to the purposes of the Store or in violation of the provisions of the Personal Data Protection Act.
13.The service provider undertakes, to the extent possible, to inform customers in advance of possible disruptions in the operation of the Store, in particular of interruptions in access.
14.The Service Provider makes every effort to ensure the proper functioning of the Store in terms of formal and legal aspects.
15.The service provider will take into account any changes in legislation and update the Store in accordance with these changes.
16.The updating of the Store's system will be carried out by the Service Provider without charging additional costs to the Service Recipients.
17.The Service Provider takes all measures to protect the data of Service Recipients.
18.The Service Provider is not liable to Service Recipients who are Entrepreneurs:
a) For any damages and losses directly or indirectly (including damages for loss of business profits, business interruption or loss of business information, and other property damage) caused by the use, inability to use or malfunction of the Store's software, damages caused by the shutdown or failure of the ICT system, power grid failure,
b) due to improper use of the Shop by a Customer who is not a Consumer and malfunctioning of computer equipment, computer software or communication system by means of which the Customer connects to the Shop system,
c) For any damage caused by errors, failures and interruptions in the operation of the Store or caused by incorrect recording or reading of data downloaded by Service Recipients,
d) for disruptions in the proper functioning of the Store, as well as loss of data of non-consumer customers resulting from force majeure or third parties,
e) for the actions of third parties involving the use of data and materials placed in the Store in violation of generally applicable law or the Regulations,
f) For the inability to log in to the Store's system due to, in particular: the quality of the connection, the failure of the data communications system or power grid, software misconfiguration of non-Consumer Service Recipients,
g) For the consequences associated with the loss of the password.
19.The recipient is responsible for providing an e-mail address to which he does not have access, in particular an incorrect address or one belonging to another entity.
§ 17
TERMS OF USE
1. Terms of use of Redini.app.
1.1 After purchasing a Subscription, the Customer receives access to the redini.app under the terms of the Package selected by the Customer,
1.2 The Customer is not entitled to grant access to the Application to third parties, especially for compensation,
1.3 The Service Provider may require the Client to use an ID with a password assigned to it in order to use the Application. Instructions and statements made by persons using the IDs assigned to the Client are presumed to have been made by the Client,
1.4 The Service Provider reserves the right to refuse to execute an instruction, related to the operation of the Application, if it is suspected that it was issued by an unauthorized person. In such a case, the Service Provider may require the Client to confirm the instruction in writing or by email,
1.5 In the event of loss of control over the tools that allow management of the Application, in particular, if the password to access the panel is disclosed to unauthorized persons, the Client must immediately report this fact to the Service Provider, who is authorized to take action to restore control over the service,
1.6 The Customer undertakes to take all necessary steps to secure the data and software of its terminal device (through which it uses the Application) from unauthorized interference by third parties (in particular, through the use of appropriate passwords and the installation and ongoing updating of appropriate security software, as well as the use of an email server whose software is protected against unauthorized use by unauthorized persons),
1.7 The Service Provider is not responsible for securing terminal equipment from third-party interference,
1.8 In cases justified by a material need, the Service Provider reserves the right to introduce procedures to ensure that Clients raise the level of security used, in particular by requiring periodic change of passwords used or changing passwords to stronger ones,
1.9 In order to properly use the Application, the Customer shall provide, at its own expense and expense, access to appropriate equipment, Internet and electricity,
1.10 The Client shall, on its own, make and keep a backup copy of the data it processes within the Service Provider's ICT systems regardless of whether the Service Provider also makes such copies,
1.11 The Customer agrees not to use software that may interfere with the operation of the Application,
1.12 The Customer is obliged to use the Application in a manner consistent with the law and good morals with a view to respecting the personal rights and intellectual property rights of third parties,
1.13 The recipient is obliged to enter data in accordance with the facts,
1.14 The recipient is prohibited from providing unlawful content,
1.15 The customer is not entitled to:
1.1. carry out, on its own or with the participation of third parties, reverse engineering, disassembly and decompilation of the Application,
1.2. claim any rights to the source code of the Application and the data stored therein, with the exceptions specified in these Terms and Conditions.
2. Redini.app technical requirements and updates.
2.1 Technical requirements necessary to work with the Application:
a) A computer (or mobile device) with Internet access,
b) email access,
c) meet the minimum technical conditions for handling HTML files, including support for commonly used web browsers, in particular: Google Chrome, Mozilla Firefox, Edge, Safari, Opera, with the browser updated to the latest version each time,
d) Enabling Cookies and Javascript in your web browser.
2.2 in order to avoid or minimize the risk of damage due to unauthorized intrusion into the ICT system, data theft or malware infection, the Customer should install and use up-to-date anti-virus software, including a firewall,
2.3 if the Application is subject to updates, the Service Provider shall inform the Client about the updates and the consequences of not installing the Application throughout the term of the License,
2.4 The Client shall install updates provided by the Provider within a reasonable time. The Client's failure to install the updates in accordance with the instructions provided by the Provider and after informing the Client of the consequences of not installing the updates, shall exclude the Provider's liability for the Application's non-compliance with the contract,
2.5 In case of updates/service/development of the Application, the Service Provider shall inform the Client in advance. The changes may be visible to the Client and may relate to visual or functional issues of the Application. Updates/service/development of the Application are intended to improve the quality of the service and will not result in deterioration of the service or loss of the Customer's data,
2.6 The Service Provider is entitled to make changes to the Application to improve it and enhance its functionality. These changes do not cause any costs to the Client,
2.7 The Service Provider shall inform the Client of the changes referred to in Clause 2.6 in a clear and comprehensible manner, and if the introduced change affects the Client's access to and use of the Application, the Service Provider shall inform the Client of the change in advance and by sending information about it on a durable medium:
a) The deadline for making the change,
b) properties of the change,
c) The right to terminate the contract without notice within 30 days from the date of the change or notification of the change, if notification was later than the change,
2.8 The Service Provider shall be relieved of the obligation referred to in Section 2.7 of this paragraph if it has provided the Customer with the right to keep the Application (at no additional cost) in accordance with the contract in an unaltered state.
§ 18
FINAL PROVISIONS
1. Contracts concluded through the Store are concluded in accordance with Polish law.
2. If any part of the Regulations is inconsistent with applicable law, the relevant provisions of Polish law shall apply in place of the challenged provision of the Regulations.
3. If the Digital Content or Digital Service is provided to the Customer on a continuous basis or in parts, the Seller shall be entitled to make changes to it in order to improve it and enhance its functionality. Such changes shall not cause any costs to the Customer.
4. The Seller shall inform the Customer of the changes referred to in Section 3 in a clear and understandable manner, and if the introduced change affects the Customer's access to and use of the Digital Content, the Seller shall inform the Customer in advance and by sending on a durable medium information about it:
4.1. The deadline for making the change,
4.2. properties of the change,
4.3. The right to terminate the contract without notice within 30 days from the date of the change or notification of the change, if notification was later than the change.
5. The Seller shall be relieved of the obligation referred to in Section 4 of this paragraph if it has provided the Customer with the right to retain, at no additional cost, the Digital Content or Digital Service, consistent with the contract and in unaltered condition.
6. Any disputes arising from the Contracts between the Store and Consumers will be resolved in the first instance by negotiation, with the intention of settling the dispute amicably, taking into account the Act on out-of-court settlement of consumer disputes. However, if this would not be possible, or would be unsatisfactory to either party, disputes will be resolved by the competent common court, in accordance with paragraph 7 of this section.
7. Judicial settlement of disputes:
7.1. Any disputes arising between the Service Provider and the Customer (Client) who is also a Consumer or an entity referred to in § 10 of the Regulations shall be submitted to the competent courts in accordance with the provisions of the Civil Procedure Code of November 17, 1964,
7.2. Any disputes arising between the Service Provider and the Customer (Client) who is not also a Consumer, referred to in § 9 of the Regulations, shall be submitted to the court having jurisdiction over the seat of the Service Provider.
8. A Customer who is a Consumer also has the right to use out-of-court dispute resolution methods, in particular by submitting, after the complaint procedure, a request for mediation or a request for consideration of the case by an arbitration court (the request can be downloaded at http://www.uokik.gov.pl/download.php?plik=6223). The list of Permanent Arbitration Consumer Courts operating at Provincial Inspectorates of Trade Inspection is available at: http://www.uokik.gov.pl/wazne_adresy.php#faq596. A consumer can also use the free assistance of a district (city) consumer ombudsman or a social organization whose statutory tasks include consumer protection. Out-of-court settlement of claims after the complaint procedure is free of charge.